In keeping with Saint Joseph’s University’s (“Saint Joseph’s” or “University”) mission as a Catholic, Jesuit University and a formal and informal community of faith, we must hold ourselves to a high standard of respect and fairness in our personal conduct and interactions. As such a community, we espouse that each individual is entitled to certain basic protections. These protections include, but are not limited to:

Freedom from unlawful discrimination, harassment, and retaliation of any type.

Freedom to be heard without fear of reprisal.

The expectation of confidentiality to the extent that is possible.

The assurance of a prompt and equitable investigation and resolution of all allegations of discrimination, harassment or retaliation.

During a formal process, the opportunity of the respondent to be presented with all relevant information in a timely manner, and to respond.

At the same time, the University is committed to the principles of academic freedom. Vigorous discussion and debate, even of controversial matters, are an integral part of the educational enterprise.

II. Purpose

As a Catholic, Jesuit University, Saint Joseph’s is committed to the just and respectful treatment of students, faculty, and staff. To this end, Saint Joseph’s prohibits unlawful discrimination against, and harassment of, its employees, students, or applicants for employment or admission on the basis of any characteristic protected by state or federal law. The prohibition extends to discrimination, harassment and retaliation by third parties visiting campus or participating in University-sponsored activities (including volunteers; visitors; trustees; and, independent contractors).

The University’s Policy Prohibiting Discrimination, Harassment and Retaliation (“Policy”) is designed to educate members of the University community about discrimination, harassment and retaliation and provide clear procedures when a violation of this Policy occurs. It is the University’s hope that through continued education, and appropriate action upon receipt of reports and complaints of conduct that may be a violation of the Policy, the University can eliminate discrimination, harassment and retaliation within the Saint Joseph’s community.

III. Definitions

A. Protected Categories: The law prohibits discrimination and harassment on the basis of sex/gender, race, age of 40 or over, color, religion, national origin, ethnic origin, sexual orientation, disability, marital status, and military and military veteran status.

B. Discrimination: Unlawful discrimination occurs when an individual is treated less favorably because he or she is a member of a protected category. Discrimination adversely affects a person’s employment or education; it includes the denial of academic or employment opportunities, and differentiates in terms and conditions of employment on the basis of membership in a protected class.

C. Harassment: Harassment means any unwelcomed, unsolicited and offensive conduct that tends to injure, degrade, disgrace or show hostility toward a person because of his or her membership in a class of persons protected by law. For purposes of applying this policy, “sexual” harassment includes conduct that is of a sexual nature or related to a person’s gender and may include persons of the same sex. Harassment of any kind need not be intentional to be prohibited under this policy. Harassment on the basis of one’s sexual orientation can also constitute discrimination on the basis of sex. For an incident to constitute harassment, it must be offensive to a reasonable person. Sexual violence constitutes a form of sexual harassment.

D. Sexual Violence: Sexual violence, including but not limited to physical forms of sexual assault (e.g., rape, sexual assault, sexual battery, and sexual coercion), is an especially serious form of both discrimination and harassment. As such, special procedures for complaint, investigation and resolution apply. See Policy on Sexual Violence.

E. Retaliation: Adverse action taken against a person because of his or her participation in a discrimination or harassment proceeding (e.g., as complainant or as witness).

F. Examples of Conduct That Can Constitute Discrimination or Harassment

1. Examples of unacceptably discriminatory conduct include decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals because of his or her membership in a category protected by law.

2. Conduct that can constitute harassment includes, but is not limited to:

(a.) Epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts that relate to the Protected Categories listed in Section A above;

(b.) Placing on walls, bulletin boards, email, or elsewhere on the University’s premises graphic material that shows hostility or aversion to an individual or group that relate to the Protected Categories listed in Section A above);

1. The procedures set forth below are internal administrative procedures of the University. As to those forms of discrimination or harassment that also violate state or federal law, an aggrieved party may also file a complaint with the appropriate local, state, or federal agency, and in a court with jurisdiction. Both the complainant and the respondent may have an advisor from the Saint Joseph’s University community, who is not a family member or attorney, [1] accompany him or her during any of the procedures in this section. The advisor acts in a support role only, and not as an advocate or spokesperson. The advisor has the same obligations of confidentiality as all other participants in the proceedings.

2. Reports and complaints of discrimination and harassment should be made as soon as possible after the incident(s) occurs. All reports and complaints will be investigated promptly and appropriate action will be taken as expeditiously as possible under the circumstances presented. The University will respect the privacy of the complainant, the respondent, and the witnesses, if any, in a manner consistent with the University’s obligations (legal or under this Policy) to investigate the matter, protect the individuals involved, take appropriate remedial action, and comply with any discovery or disclosure obligations required by law. This means that, although confidentiality will be respected, it cannot be guaranteed.

3. The University may investigate a report or complaint of discrimination or harassment regardless of whether the complaining party desires the University to pursue the report or complaint, if the University has cause to believe that the action reported or complained of constitutes a violation of this Policy, breach of applicable law or a threat to the University community.

4. All students and employees should report any discrimination or harassment, experienced by themselves or another, to the appropriate University officer: Title IX Coordinator or EEO/AA Officer (see Section B below). No student or employee should assume that the University already knows about a particular situation or event.

5. Retaliation: The University prohibits retaliation against any individual who complains of a violation of this Policy or assists in providing information about a complaint of discrimination, including complaints of sexual, racial or other unlawful harassment.

Anyone who believes s/he has been retaliated against for participating in this process in any capacity should report the matter promptly. Reports and complaints of retaliation will be investigated and dealt with as any other report and complaint brought under this Policy.

B. Where to Report Alleged Discrimination, Harassment or Retaliation

1. Reports of discrimination, harassment or retaliation should be made to the Intake Officer identified below:

(a.) Students: Complaints of discrimination, harassment or retaliation asserted against students shall be reported to the Title IX Coordinator (610/660-1145; TitleIX@sju.edu)

(b.) Staff: Complaints of discrimination, harassment or retaliation asserted against staff members, including administrators, shall be reported to the EEO/AA Officer in Human Resources (610/660-3313)

(c.) Faculty: Complaints of discrimination, harassment or retaliation asserted against faculty members shall be reported to the EEO/AA Officer in Human Resources (610/660-3313)

In the event that the complaining party does not wish to report incidents or concerns to the designated Intake Officer, s/he may report to the other Intake Officer, or his or her designee.

The EEO/AA Officer, or his/her designee, shall serve as consultant in the procedures stated below any time a faculty or staff member is either the complainant or respondent. The Title IX Coordinator shall serve as consultant in the procedures stated below any time a student is either the complainant or respondent.

Therefore, the Procedures contained in this Policy do not apply to student respondents.

V. Procedures

The below-described procedures may be followed in sequence, if the content of the complaint makes it appropriate for consultation or mediation and if the complaining party so requests. Alternatively, a complaint may be filed immediately, without prior consultation or attempt at mediation. In the case of a sufficiently serious allegation, in the judgment of the Intake Officer, immediate filing will take place independent of the wishes of the complainant.

A. Consulting Procedure

Members of the Saint Joseph’s community who wish to discuss questions or concerns about conduct that may be in violation of the Policy may contact the Intake Officer identified in section B, above. The Intake Officer , or his/her designee, shall provide information to the inquirer concerning available support services and how the process works, including the possibility of initiating a mediation procedure if appropriate. (Mediation is never appropriate for complaints of sexual violence.)

Once a complaint is filed (Step C), however, the Intake Officer is required to initiate an investigation. The scope and extent of the investigation will depend on the severity of the conduct complained of.

If requested by the complaining party, and judged appropriate, the Intake Officer or his/her designee, serving as a consultant, will assist in attempting to resolve the complaint informally. Such assistance may involve, for example, assisting the complainant in writing a letter to that person asking that the conduct experienced by the complainant as discriminatory or harassing cease immediately. Alternatively, the complainant may ask the consultant to meet with the respondent, or explore other possible resolutions. Any resolution must be acceptable to all parties involved in the matter including the University.

During the consulting procedure, all reasonable efforts will be made to ensure the confidentiality of information received, including the identities of the parties. The identity of the complaining party will be disclosed to the respondent during the consulting procedure only if the complaining party gives permission. If, due to the circumstances of the alleged discrimination or harassment, it is not possible to resolve the complaint and yet maintain confidentiality, the complaining party will be informed and be given the options of proceeding (with disclosure of identity) or withdrawing from the consulting process. However, the University may still proceed with the investigation.

The determination about proceeding with an investigation is made by the Intake Officer, independent of the wishes of the complaining party, based on the nature of the conduct alleged. If the alleged conduct involves sexual violence, the University will pursue the matter based on the Sexual Violence Policy.

When the consultant is not the Intake Officer but his/her designee, the consultant is required to report the conduct to the Intake Officer, if the conduct poses a threat to the University community. If the matter is so reported, the consultant will notify the complainant and the respondent of the nature of the report.

B. Mediation Procedure

The complainant of discrimination, harassment or retaliation may request mediation. The Intake Officer or his/her designee shall review the request to ensure that mediation is a proper resolution device under the circumstances and will not cause delays in resolving the issue. Consultation and mediation are never appropriate in cases alleging sexual violence.

The Intake Officer will designate the person who is to serve as mediator. Care should be taken that the mediator role not be compromised by existing relationships between the mediator and either of the parties and the mediator be trained in this role and its responsibilities. The respondent and complainant may object to a mediator in writing at least 48 hours before the hearing.

If the respondent agrees to participate in mediation, the mediator will contact each party for a pre-mediation meeting. These meetings are confidential and are designed to help clear the way for communication and resolution during mediation. Each party will be advised on the mediation process.

Mediation will be conducted in a neutral location. Each party and the mediator will discuss options and methods of resolution.

If the parties reach a settlement, then the mediator will write a Resolution Agreement, which both parties shall sign. Even when mediation has been successful, however, the University may still have an obligation to investigate and in cases involving a student complainant and/or respondent, the Title IX Coordinator will be apprised of the outcome.

If the parties cannot reach an agreement, or one or both parties refuse to sign the Resolution Agreement, then the complainant can file a written complaint, as outlined below. However, failure to file a written complaint does not relieve the University of its obligation to investigate.

C. Complaint Procedure

1. Filing a Complaint

Members of the University community who believe that they have experienced conduct that may be a violation under this policy can make a complaint with the appropriate Intake Officer at any time, or following the consultation and/or mediation process. The complaint should be in writing, but if the complainant is unable or unwilling to submit a complaint in writing, then the Intake Officer shall prepare a report summarizing the complainant’s allegations. The failure of the complainant to put the complaint in writing does not relieve the University of its obligation to act in accordance with legal/policy requirements in response to the information provided by the complainant.

The Intake Officer shall promptly forward the written complaint or summary report of the Intake Officer to an appropriate Investigator. A person is not required to utilize the consultation or mediation procedure before filing a formal complaint.

2. Contents of the Complaint

The complaint shall include the name of the complainant, the name of the respondent, a statement of alleged conduct (including dates, and the nature of the conduct), and the names of witnesses, if any. Copies of supporting materials, if any, shall be attached to the complaint.

3. Delivery of the Complaint and Response

Absent other considerations, within five (5) business days of the filing, the Investigator shall allow the respondent to see the written complaint (or a summary, if the complainant declines to put the complaint in writing). The respondent shall have an opportunity to respond to the complaint in writing; such response must be submitted within five (5) business days of delivery. If the respondent waives his or her right to respond in writing, the respondent shall be asked to sign a statement acknowledging that he or she declined to provide a written response. The complainant shall have the opportunity to see the respondent’s response to the alleged conduct, or to be notified if no response is provided. In no event will names of witnesses identified by either party be shared in the complaint/response summary prepared by the Investigator.

4. Investigation

(a.) Absent extraordinary circumstances (to be determined by the Intake Officer), the Investigator shall be chosen from a pool of three (3) individuals from the University community, who are recommended by the Executive Committee of University Council and appointed by the President for staggered terms of three (3) years. Each investigator shall be professionally trained to conduct investigations, and his or her objectivity should not be compromised by a previously-existing relationship with either the complainant or the respondent. The Intake Officer may also delegate the investigatory duties to a qualified external investigator if s/he determines that it is in the best interests of the parties and the University to do so. In coming to this decision, the Intake Officer may consult the University’s Office of the General Counsel or other appropriate resources within the University.

(b.) The Investigator shall promptly conduct an investigation of the complaint. The investigation shall include interviews with the parties and witnesses, and review of any relevant documents or other evidence. In most cases, the investigation shall be complete within sixty (60) days of receipt by the Investigator of the complaint. The Investigator may delegate any part of the investigation to an agent with specific expertise (e.g. Office of Public Safety). All who participate in conducting an investigation are obliged to keep confidential what they learn in the process, consistent with applicable legal requirements.

(c.) The investigation shall address facts and issues relating to the complaint, which may include, but are not limited to:

i. The type of conduct complained of

ii. The frequency of the conduct

iii. The date and location of the conduct

iv. The factual circumstances

v. The relationship between the parties

vi. The effect of the respondent's conduct on the complainant

vii. The awareness of the respondent of the complainant's concerns

viii. The awareness of the supervisor of the complainant's concern

ix. The identity of witnesses

x. The statement of witnesses

xi. Prior steps taken to resolve the issue

xii. Additional resources available to resolve the issue

(d.) During the investigation, every reasonable effort shall be made to protect the privacy rights of all parties; however confidentiality cannot be guaranteed.

5. Investigation Report

(a.) Upon completion of the investigation, the Investigator shall report in writing to the following person:

i. For complaints asserted against faculty, the Provost and EEO/AA Officer;

ii. For complaints asserted against staff, including administrators, the Vice President for Human Resources and EEO/AA Officer;

iii. For complaints asserted against students, the Title IX Coordinator;

iv.For complaints asserted against independent contractors, volunteers, trustees and visitors, the Vice President for Human Resources and EEO/AA Officer.

(b.) The report shall address the facts and issues that were investigated under section (4)(c), above.

(c.) The report shall include an outcome (see 6(a) below)

(d.) The complainant and the respondent shall have the opportunity to view a copy of a summary of the investigation, with information redacted in compliance with FERPA and other legal considerations regarding privacy. This summary shall include the following: date of report, parties, witnesses, dates of investigation, summary of allegations, policy involved, determination of credibility, findings of fact, conclusions, and name of investigator.

6. Outcomes and Recommendations

(a.) The outcomes of the investigation are:

i. a finding that it is more likely than not that the alleged violation occurred;

ii. a finding that it is more likely than not that a violation did not occur;

iii. a determination, one way or the other, could not be made.

If other conduct that might be a violation of other University policies is discovered or identified during the course of the investigation, this conduct must be reported to the appropriate University official and shall be subject to a separate process.

7. Sanctions:

(a.) If the Investigator has concluded, based on findings of fact and a determination of credibility, that a violation of policy has occurred, sanctions may be imposed by the appropriate administrator as follows:

i. In the case of staff, including administrators, the Vice President for Human Resources;

ii. In the case of faculty, the Provost;

iii. In the case of students, as dictated by the Community Standards process;

iv. In the case of independent contractors, volunteers, trustees and visitors, the Vice President for Human Resources and EEO/AA Officer in consultation with appropriate university officials.

(b.) Sanctions include corrective and/or disciplinary action.

(c.) Corrective action may include:

i. an order to avoid future contact with the complainant

ii. a requirement for an apology

iii. a transfer (e.g., to another department, class, office, residence)

iv. participation in counseling and/or training

(d.) Disciplinary action may include:

i. written reprimand

ii. suspension

iii. termination, discharge or dismissal from the University.

(e.) The sanctions shall be communicated to the respondent; any sanctions that impact the complainant shall also be communicated to the complainant.

8. Appeal

(a.) In the event that sanctions are imposed, the respondent may appeal the action within five (5) business days of receipt of the sanction. Likewise the complainant may appeal the action within five (5) business days of receipt of the outcome.

(b.) Such appeal shall be in writing and state the grounds and the facts supporting the grounds for such appeal.

i. Grounds for appeal are limited to:

Material procedural error, including but not limited to bias in the process or failure to disclose conflict of interest; bias in the process is not a disagreement with the outcome of the investigation or the findings of the investigator.

Material factual information that was not known, or could not have been known, at the time of the decision that is sufficient to alter the decision;

The sanction is excessively severe for the conduct that was found to have occurred

ii. The appellant(s) shall bear the burden of establishing one or more of these grounds for appeal. Appeals submitted for other reasons or past the five (5) business days shall not be considered.

Appeals shall be considered by a panel of three (3) trained appeal board members drawn from a pool of five (5). The five (5) appeal board members shall be recommended by the Executive Committee of University Council and appointed by the President for staggered terms of three (3) years. The respondent and complainant shall be informed of the three (3) panel members in advance of the appeal to allow for objection to a member of the appeals panel in writing at least 48 hours before the scheduled consideration of the appeal.

iii. Absent other considerations, the appeal panel shall make a decision within five (5) business days after the appeal period expires. The appeal panel may 1) recommend the sanction be changed or 2) remand the case for further investigation. If the appeals panel finds no merit to the appeal, the decision of the original investigation and sanction shall stand. During the appeal process, the sanctions are in effect.

iv. Absent a remand for further investigation the outcome of the appeal process under this policy is final.[2]

VI. Interim Relief

A. Upon the submission of a complaint, the complainant or the Intake Officer may request interim relief from the appropriate University official who must have authority to impose the interim relief.

B. If the University official believes that interim relief is necessary, either for the sake of the complainant or other parties, then the University official may impose the least restrictive action that will both protect the complainant (or others) and preserve the interests of the respondent given the circumstances presented.

C. The University will impose interim relief immediately if the safety and security of either party or other members of the University community is threatened or when the ability of the complaining student, employee or others to participate and/or perform effectively in their respective University environments requires it. In these situations, the University official shall offer to meet with the parties within three (3) business days of the imposition of this interim relief. In this case, the purpose of the meeting is not to determine responsibility of the parties, but to determine whether the interim relief should continue based on the nature of the allegations. In other situations, where interim relief has not immediately been imposed, but where some form of interim relief may need to be considered pending the outcome of the investigation, the University official shall offer to meet with the parties and/or other persons who may have relevant information prior to imposing interim relief. This meeting shall be offered within three(3) business days of all parties having been notified of the complaint. The purpose of this meeting is not to determine responsibility of the parties but to determine whether interim relief should be imposed based on the nature of the allegations.

The University official may meet with the parties separately, or meet with them together, but in no event will either party be required to be present for the meeting with the other party without the full and informed consent of both parties to do so. In no event, will a party who has asserted a claim of sexual violence, sexual assault and/or sexual harassment be required to be present in such meeting with the person accused of engaging the conduct at issue.

D. Examples of measures that interim relief may include:

i. Transfer

ii. Suspension (full or partial)

iii. An order to avoid or restrict contact

iv. Change in Housing

v. Administrative leave with or without pay

E. The University is also obliged to take effective corrective action promptly, when it appears that a hostile environment has been created by some form of discrimination or harassment. This corrective action may include changes to University policies and/or services.

VII. Consensual Romantic and/or Sexual Relationships

Romantic/sexual relationships between employees (including faculty and athletic staff) and students with whom they also have an academic, supervisory or evaluative relationship, or between an employee and his or her subordinate, are fraught with the potential for exploitation and may compromise the University’s ability to enforce its policy against sexual harassment. Employees must be mindful that the authority that they exercise in their interactions with students and subordinates may affect the decision of a student or a subordinate to enter into or end a romantic or sexual relationship. Even when both parties have initially consented, the development of a sexual relationship renders both the employee and the institution vulnerable to possible later allegations of sexual harassment, in light of the significant power differential that exists between faculty members and students, athletic staff members and student athletes, or supervisors and subordinates. Such relationships can also become the basis for a complaint of harassment or discrimination by a colleague who is adversely affected by them.

As a result, the University prohibits all faculty and staff from engaging in or pursuing romantic/sexual relationships with students whom they are currently supervising, teaching, advising, or providing services to. Moreover, anyone involved in such a relationship with someone – other than a student -- over whom he or she has supervisory power must recuse himself or herself from decisions that affect the compensation, evaluation, employment conditions, instruction and/or academic status of the subordinate involved. Such relationships should be reported to both persons’ immediate supervisors in a timely fashion.

VIII. Academic Freedom

The American Association of University Professors Joint Statement on the Freedoms and Rights of Students (1967, revised in 1990, 91, and 92) articulates that: “The freedom to learn depends upon appropriate opportunities and conditions in the classroom, on the campus, and in the larger community. The responsibility to secure and to respect general conditions conducive to the freedom to learn is shared by all members of the academic community.” Saint Joseph's strongly supports and protects the principle of academic freedom. All members of the University community have a right to use the academic forum, provided by the University, to discuss controversial subjects and to express ideas that some or most of the members of the community strongly oppose. Harassment is not about voicing unpopular ideas. It is one form of intimidation.

In its 1940 Statement on Tenure AAUP states that “Academic freedom in its teaching aspect is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning”. In an instructional context, wide latitude is required for professional judgment in determining appropriate content and presentation of academic material, provided this material is germane to the subject matter of the course. In its policy statement on sexual harassment, the AAUP further states: “Intimidation and harassment are inconsistent with the maintenance of academic freedom on campus. This statement is no less germane if one is being made unwelcome because of sex, rather than unwelcome because of race, religion, politics, or professional interests.” Academe, September-October 1990, pp. 42-43.

IX. Good Faith Complaints

Complaints made in good faith under this Policy will not result in any adverse action against the complainant, and no other person who participates in good faith investigation will be treated adversely because of that participation.

However, if an investigation results in a finding that the complainant knowingly accused another falsely of discrimination, harassment or retaliation, then the complainant will be subject to appropriate sanctions, which may include termination of employment or, in the case of students, permanent separation from the University.

X. Other Rights and Responsibilities

This Policy shall not be deemed to take away any rights or responsibilities of faculty members under the Faculty Handbook, administrators and professionals under the Administrators and Professionals Handbook, staff members under the Staff Handbook, students under the Student Handbook, and union members under their collective bargaining agreements.

XI. Education

This Policy reflects the University’s commitment to educate all of the members of the University community about the nature of discrimination, harassment and retaliation, their impact on individuals and the University as a whole, the steps necessary to address it, and the protections available to all involved: complaining party, respondent and others. Such education is essential to establishing and maintaining a campus environment in which the dignity of all persons is respected. It is the responsibility of every employee and student to become informed about these matters by participating in required educational sessions.

The EEO/AA Officer is responsible for providing relevant education for employees (faculty, administration, and staff). The Division of Student Life, Title IX Coordinator, and Deputy Title IX Coordinators are responsible for providing appropriate education for students

XII. Records

Records generated under this policy shall be maintained in confidence and consistent with applicable laws. Disposition of the case will become part of the record. The Title IX Coordinator and the EEO/AA Officer shall review these records and make such reports or recommendations as may be necessary to effectuate the purpose of this policy to the President. Records of complaints will serve as the basis for an annual statistical report prepared by the EEO/AA Officer and made public to the University community. Names will not be revealed in the annual statistical report. The report will state the number and type of complaint.

Campus Resources

EEO/AA Officer (610) 660-3313

Title IX Coordinator (610) 660-1145

Counseling Center (610) 660-1090

Public Safety and Security (for Sexual Violence and Community Safety) (610) 660-1111

Office of Community Standards (for students) (610) 660-1046

For further information or details of campus resources, contact the Office of Human Resources at 610-660-3309 or visit the HR website at

[1] The advisor may be someone who holds a J.D., so long as the person holding the J.D. is not then engaged in the active practice of law and discloses and affirms these circumstances to the Intake Officer prior to attending any meetings in this capacity with the advisee party.

[2] In the case of faculty, if after the appeal under this policy is concluded, the sanction remains termination, discharge or dismissal from the University, the party to be terminated, discharged or dismissed shall have the right to follow procedures regarding separation from the University as provided in the Faculty Handbook [Separation and Appeals Procedures].